问题 问答题 简答题

信托的特点有哪些?

答案

参考答案:

(1)财产权是信托行为成立的前提。财产权作为信托行为成立的前提是指委托人必须拥有信托财产的所有权,并将这些权力授予和转移给受托人。

(2)信托是一种充分信任。充分信任是指信托当事人之间的信任。这种充分信任表现在:在信托期间,委托人将财产的所有权授予和转移给受托人,并在信托期间不再拥有对这部分财产的处置权,受托人按照信托契约的规定自主运用信托财产,在不违反信托目的的前提下,对信托财产的运用不受任何人的干涉。(3)他人利益是信托的目的。他人利益是信托的目的是指:委托人为受益人的利益而设立信托,受托人为受益人的利益而取得信托财产,并管理运用信托财产,信托财产的收益由受益人享受。

(4)按实绩原则计算信托损益。按实绩原则计算信托损益是指在受托人按照信托契约的规定尽职尽责管理信托财产的前提下,信托财产的损益根据受托人经营的实际结果来计算,而不是由委托人或受益人事先确立一个标准。

阅读理解

E

"Opinion" is a word that is used carelessly today. It is used to refer to matters of taste, belief, and judgment. This casual use would probably cause little confusion if people didn’t attach too much importance to opinion. Unfortunately, most do attach great importance to it. "I have as much right to my opinion as you to yours, '' and ''Everyone’s entitled(授予…权利) to his opinion, '' are common expressions. In fact, anyone who would challenge another's opinion is likely to be branded intolerant.

Is that label(标签)accurate? Is it intolerant to challenge another's opinion? It depends on what definition of opinion you have in mind. For example, you may ask a friend ''What do you think of the new Ford cars?" And he may reply, "In my opinion, they're ugly." In this case, it would not only be intolerant to challenge his statement, but foolish. For it's obvious that by opinion he means his personal preference, a matter of taste. And as the old saying goes, ''It's pointless to argue about matters of taste."

But consider this very different use of the term, A newspaper reports that the Supreme Court has delivered its opinion in a controversial case. Obviously the justices did not state their personal preferences, their mere likes and dislikes. They stated their considered judgment, painstakingly arrived at after thorough inquiry and careful consideration.

Most of what is referred to as opinion falls somewhere between these two extremes. It is not an expression of taste. Nor is it careful judgment. Yet it may contain elements of both. It is a view or belief more or less casually arrived at, with or without examining the evidence.

 Is everyone entitled to his opinion? Of course, this is not only permitted, but guaranteed. We are free to act on our opinions only so long as, in doing so, we do not harm others.

72. Which of the following statements is TRUE, according to the author?

A. Everyone has a right to hold his own opinion.

B. Free expression of opinions often leads to confusion.

C. Most people tend to be careless in forming their opinions.

D. Casual use of the word "opinion" often brings about quarrels.

73. According to the author, who of the following would be labelled as intolerant?

A. Someone who turns a deaf ear to others' opinions.

B. Someone who can't put up with others' tastes.

C. Someone who values only their own opinions.

D. Someone whose opinion harms other people.

74. The new Ford cars are mentioned as an example to show that ________.

A. it is foolish to criticize a famous brand

B. one should not always agree to others' opinions

C. personal tastes are not something to be challenged

D. it is unwise to express one's likes and dislikes in public

75. Considered judgment is different from personal preference in that ________.

A. it is stated by judges in the court

B. it reflects public like and dislikes

C. it is a result of a lot of controversy (争论,争议)

D. it is based on careful thought

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